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Tuesday, 16 November, 2021
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The Minister of Justice: “The Penitentiary System Has Invited Additional Groups of Doctors to Constantly Monitor Saakashvili

According to the Minister of Justice, an additional group of doctors will monitor the health condition of prisoner Saakashvili. Rati Bregadze made this statement at a briefing today.

"In cooperation with the Ministry of Health, the penitentiary system has invited additional teams of doctors who are constantly monitoring Saakashvili's health and providing him with appropriate medical care," said the Minister.

In the public interest and to avoid speculation about Saakashvili's health, doctors who monitor Saakashvili's health will be providing information to the public on a daily basis.

"Given the high public interest and the fact that misinformation about the health condition of prisoner Saakashvili is being spread every day, a group of doctors will be providing information about his health condition on a daily basis. This will put an end to the dissemination of all disinformation,” said Rati Bregadze.

Given the existing interest, the Minister once again clarified the conditions under which convicted Saakashvili is serving his sentence. According to him, from the moment of his transfer to the penitentiary institution, the convict is provided with all the necessary medical services:

"There has not been a single case where he has needed any kind of medical care and the penitentiary service has not been able to provide it. All his medical needs have been met."

Rati Bregadze once again clarified that Saakashvili was transferred to the N18 medical facility "to assess his health condition and to avoid the risks of deterioration" and that the level of his protection is much higher today.

"The institution has full infrastructural or human resources to ensure that the state effectively controls both the prisoner on hunger strike and his subsequent rehabilitation," said the Minister.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.